


The Trial Of Kitty Russell

by Singerme



Category: Gunsmoke
Genre: F/M
Language: English
Status: Completed
Published: 2011-12-31
Updated: 2011-12-31
Packaged: 2017-10-28 14:38:38
Rating: Teen And Up Audiences
Warnings: Creator Chose Not To Use Archive Warnings
Chapters: 9
Words: 18,349
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/308935
Author URL: https://archiveofourown.org/users/Singerme/pseuds/Singerme
Summary: <blockquote class="userstuff">
              <p>Kitty Russell is tried and convicted of murder as Matt Dillon makes a long ride to try and save her.</p>
            </blockquote>





	1. Chapter 1

The Trial of Kitty Rusell – Part 1

Disclaimer: I don’t own these characters. I just like to spend time with them. No other profit will be had than that.  
The night was warm for early November, but Kansas weather couldn’t always be predictable. Kitty stood behind the bar filling one mug after another with beer and setting them on trays to be delivered. Looking around the room Kitty smiled at how busy the place was. Quite a few people were taking advantage of the mild weather to get into town and stock up on supplies and spend time in town before the winter set in. Once it did, Kitty knew her business would dwindle. Didn’t mean they’d have no business but it wouldn’t be this good.  
Someone called a bottle of whiskey and seeing no one else available Kitty picked it up and went around the bar to deliver it herself. She was about half way across the room when two strong arms wrapped around her waist and she was pulled into a massive chest as the man bent his head to nuzzle her neck. Kitty knew who it was without having to look. With some difficulty she managed to pull herself from his grasp, turn & slap his face. The noise in the place decreased by several decibels as heads turned to watch the two. “Garth Tindle, if I have told you once I’ve told you a hundred times, keep your hands off of me.” Kitty told him.   
“Aww now Kitty….” Garth began to wheedle. “You don’t mean that.”   
“I do too mean it. I don’t want anything to do with you. Not now, not ever.”  
Garth ignored her words and reached for her again.  
“I said leave me alone, Garth. What’s it gonna take to make you realize that I don’t want anything to do with you?” Kitty had just about reached the limits of her patience with him. He had been pestering her quite a while. At first it seemed like harmless flirting, but lately he was beginning to be a bit bolder and Kitty was getting tired constantly having to dance out of his reach as he tried to take more and more liberties with her.  
“Kitty darling, you know better than that. You know I can do a lot more for you than that Marshall ever could if you give me a chance.” Garth was determined. He wanted Kitty Russell and he was going to have her.  
“The only thing I’m going to give you is the wrong side of a gun if you don’t quit. You come near me again and I will shoot you.”  
The saloon suddenly became completely quiet as all eyes and ears were turned in their direction. Everyone watched as the saloon owner threatened the oldest son of the richest man in town.  
“Now Kitty” Garth moved towards her again.  
“Don’t you ‘Now Kitty’ me”, she said thru gritted teeth. “I meant what I said. LEAVE ME ALONE.”  
“Is there a problem Miss Kitty?” Kitty turned to see Thad Greenwood behind her with his hand hovering over his gun. Before she could respond however Garth answered him. “No problem, Deputy”, he sneered. Somehow he managed to make ‘Deputy’ sound like a dirty word. Leering down at Kitty he grinned. “I’ll see you later beautiful.”  
“Next time you see me, I’ll have a gun pointed at you” she fumed. Garth just laughed, turned and walked out of the bar. Kitty watched him walk out then turned back to Thad.  
“You alright?” he asked concern evident in his voice.  
“Yeah, I’m alright. Thanks though Thad. Can I buy you a beer?”  
Thad looked around the room as it returned to normal and nodded. “Yes ma’am. That would be great.” Kitty delivered the almost forgotten bottle of whiskey, then turned and with Thad following walked back to the bar.   
“He’s been bothering you quite a bit, hasn’t he?” Thad asked as Kitty drew him a mug of beer. “Yeah he has.” She agreed. “I just can’t seem to get it through his thick skull that I don’t want anything to do with him.”  
“You want me to talk to him?” Like most of the men in town he would do anything for her.  
“No, no thank you Thad. I don’t think it’d do any good.”  
“Why don’t you tell Matt about it?”  
“I have but there’s not much he can do either. Not legally anyway. I think he’s warned Garth a time or two but it’s obviously not had any affect on him.”  
“What are you going to do then?”  
“For now nothing. I’m hoping he’ll eventually get tired of me saying no and quit.”  
“And if he doesn’t….?”  
“Well then I just may have to shoot him.” Kitty grinned up at Thad who returned the smile. He didn’t for one moment believe she would resort to shooting Garth Tindle.  
Near the back of the room a young man stood up from his table and headed for the exit. Pausing at the doors he turned and watched as Kitty and Thad stood talking at the bar. With a thoughtful smile on his face he walked out.  
TBC


	2. Chapter 2

**Summary for the Chapter:**

> Garth is killed and Kitty is accused.

The Trial of Kitty Russell – Part 2

Disclaimer: I don’t own these characters. I just like to spend time with them. No other profit will be had than that.  
The next night was proving to be just as warm as the previous one and business just as good for the Long Branch. Kitty had learned her lesson from the night before and brought in a couple of extra people to handle the expected crowd so that she didn’t have to deliver to the floor herself. She didn’t believe for one minute Garth was going to give up that easily. If he came in tonight she didn’t plan on him being able to catch her as he did last night. Looking around Kitty noticed that despite the size of the crowd things were fairly quiet and stuffy in the bar room. Kitty looked over at the clock & noted the time. Seven p.m. It was only going to get busier she knew.   
“Sam”, she called over to her employee and friend. “I think I’m gonna take myself a little break. Think you can handle things for a little while?”   
“Sure thing, Miss Kitty”, he answered. Kitty smiled at him as she grabbed her shawl and walked out onto the boardwalk. Several people took note of her exit, sad to see one of the lights in the place go out. One of those not so sad to see her go was the young man from the night before. He waited a few minutes after she left then got up & followed her through the doors.   
Though it was awfully warm inside the temperature outside was some cooler. Wrapping her shawl around her Kitty walked down the street for a ways enjoying the relative peace and quiet of the evening. Her thoughts were on Matt as they so often were when he was out of town. She always worried about him when he was gone and couldn’t ever seem to rest until he returned. Festus had told her Matt was due back tomorrow and she would sure be glad to see him. Kitty’s mind was so lost in thoughts of the big lawman that she didn’t realize how far she had walked until she looked around and found herself standing in front of the deserted jail.   
“I’m just like a homing pigeon when it comes to him” she smiled to herself. Kitty sat down on one of the chairs in front of the jail and rested for a moment. This end of town was completely deserted and no one, save one unseen young man, saw her sitting there lost in thought. The night was growing cooler and Kitty decided she needed to go back. She had just gotten up to return when she heard gunfire erupting. Sounded like two shots and like it was somewhere close to the Long Branch. She hurried back the way she had come. Once she approached the alley beside her business she saw a throng of people huddled around something on the ground. Getting closer she saw it wasn’t some THING, it was some ONE. Garth Tindle was laying on the ground with a pool of blood spreading out under him. She didn’t have to get too close to see that he was dead. Though she didn’t like the man she didn’t want to see him dead either.   
“She did it!!” someone suddenly yelled. “She said she would do it and she did.”   
Kitty looked around to see who had said that and who they were talking about when she realized the crowd was staring at her. “Now wait a minute…” she protested. “I wasn’t anywhere near here. I was clear up the street when this happened.”   
The young man who had been following her pushed through to stand next to her. “Can you prove it?” he sneered.   
Kitty didn’t respond. She knew she didn’t have any proof beside her word.   
“Here now!!” Festus’ voice rang out. Coming up beside her he took note of the dead man and the crowd standing around. “What’s goin’ on here?”   
“She killed my brother!” the young man said. “She said she would and she did it.” Kitty realized who the voice belonged to that she’d heard a moment before. Billy Tindle. “I didn’t kill anyone” Kitty protested again. “I told you I wasn’t even down here.”   
“Yes you did” Billy yelled. Turning to Festus he got in his face. “She killed my brother and I want her arrested Deputy.”   
Festus stared the boy down as Thad came up to stand on the other side of Kitty. “I ain’t fixin’ on arrestin’ no one on yore say so, Billy.” He said sternly. “Now you all go on and clear out of here. Me and Thad’ll take care of this here.” The crowd backed up a little but didn’t leave. “I said git!!” Festus yelled at them. The crowd finally pulled back & began to go their separate ways, all except Billy.   
“She killed my brother Deputy,” he restated. “Marshall’s woman or no she’s gotta’ pay for it.” He took a step towards Kitty but Thad stepped in front of her, blocking his way. “I think you need to do what Festus said and clear out of here.” He said evenly. “You leave this to the law.”  
Billy stood for a moment glaring at the deputies then a thought came to him. “All right.” He snapped. “I’ll do just that.” Billy stared at Kitty for a moment then turned and walked off. Any remaining crowd left with him.   
Festus took Kitty by the arm. “You alright, Miss Kitty?” he asked her. Kitty hadn’t realized till just then that she’d been almost holding her breath. “Yeah, I’m fine Festus” she exhaled at last. “ But Festus,… you’ve gotta believe me. I didn’t kill him. I was clear down the street by the jail when this happened.” Thad and Festus glanced at each other at that admission. They knew how it was between her and the lawman. And both of them knew she had quite often made her way to the jail when Matt was gone because it reminded her of him.   
“Miss Kitty, I know’d you wouldn’t go & do nothing like that and when Matthew gets back we’ll prove it.” Kitty breathed a sigh of relief. “Now you go on back to the Long Branch and we’ll take care of this.” Kitty nodded, relief that her friends believed her evident on her face. Sam who had come out when the shots were first fired was still standing at the side. “Sam”, Festus said turning to the barman. “Will you get Miss Kitty back?” “Sure will Festus” Sam said as he approached and took Kitty’s arm.   
Kitty smiled at Festus and Thad, then turned and followed Sam into the saloon.

 

Once back inside the saloon Kitty went straight to her office trying very hard to ignore the stares of the people who had returned to their drinks and cards. She wasn’t in any mood to put up with her patrons right then. Although she knew Festus and Thad had believed her she wasn’t too sure about anyone else. She knew she couldn’t hide in there forever but she decided to stay there for a while anyway.  
Later that evening Kitty wearily climbed the stairs to her rooms overhead. When she had finally emerged from her office she found Doc had come in & was sitting at the table in the back. Getting a couple of glasses and a bottle of whiskey she went over and sat down next to him. Doc told her he had examined Garth’s body and the man had been shot twice in the chest at close range. He had removed one of the bullets and judged it to probably be from a 45 handgun. Percy Crump had come and taken the body to his place and Festus and Thad were searching the alleyway for anything to prove who may have done it. Doc hadn’t asked her if she had done it and she realized he knew without asking that she was innocent.   
Though the night had still been busy after the shooting the crowd had dwindled down quite a bit and by midnight she had been able to close and lock the doors. Once she and Sam had the place cleaned up Sam went home and Kitty was now going upstairs to spend another restless night. Normally restless when Matt was gone she was even more so tonight. Matt had warned her about her temper. Cautioning her to think before speaking when she was angry and once again she had failed to heed his advise. Now she hoped she didn’t have to pay a price for that. Once in her room Kitty went over to her dresser and sat down resting her chin in her hands for a moment as she studied her image in the mirror. She saw the weariness she felt was accurately reflected in her features. Sighing she took the pins out of her hair and reached for her brush. Brushing her hair often relaxed her but not tonight. She had asked Sam to bring water up earlier so she could have a bath and she stood up to undress hoping maybe that would help. Just as she stood she heard a loud bang and what sounded like breaking glass down stairs. Crossing to her dresser, Kitty opened the top drawer and took out the handgun she kept there. Quietly she stepped out onto the landing. Looking down into the saloon below, she saw several men coming in through the now broken front doors. “Who are you men?” she demanded as she brought the gun up. “What do you want?” In response one of the men pulled his gun and fired at her, creasing her right arm forcing her to drop the gun. In moments three men had ascended the staircase, grabbed her and forced her down the stairs and out onto the street.   
Once outside they wasted no time in dragging her down the street to the jail. Kitty fought with all she had but to no avail. Once inside the jail she was taken into the back & pushed into one of the cells with the door closed hard behind her. “What is this all about? Why are you doing this?” she demanded. “Where’s Festus and Thad?”   
All but one of the men ignored her. Frank Tindle stepped up close to the bars and stared into the cell. “You’re friends are no longer the authority here.” He snarled at her. “I am and I mean to see you hang for my son’s murder.”   
“You can’t do this!” Kitty protested. “I didn’t kill your son. I….”  
Frank cut her off. “I don’t wish to hear your lies whore. Tomorrow arrangements will be made to have you tried and convicted for what you did.”   
“Marshall Dillon will be back tomorrow” Kitty said. She at least hoped he would. “Good for him.” Frank sneered “when he does he will find out the same thing you just did. I am in charge here now and I will remain so until you hang.” Frank glared at her for a moment then turned and left the cell area closing the door to the office behind him. It wasn’t until he left that Kitty noticed the throbbing in her arm. Looking down she realized for the first time, consciously, that she had been shot. Though she didn’t think it was anything too serious it was bleeding somewhat freely. Reaching down she tore a piece off of her petticoat and wrapped it around her arm. Too confused and scared to do much else she sat down on the edge of the narrow cot to wait. “Matt will be here tomorrow” she told herself. Just the thought calmed her and gave her the strength she needed for the time being.


	3. Chapter 3

**Summary for the Chapter:**

> Matt comes back and a plan is formulated.

The Trial of Kitty Russell – Part 3

Disclaimer: I don’t own these characters. I just like to spend time with them. No other profit will be had than that.

Thad came to with a jolt. Looking around he found he was in the loft of the stable. Festus was laying beside him. Thad reached over to him. “Festus? Festus?” Festus groaned as he came round and tried to rise into a sitting position.  
“Thad? What happened? Last I recollect…..”  
“You were ambushed”, a voice came from the ladder. Turning they saw Hank, the stableman climbing up to the ladder to them. “Bunch of men came into town last night like a storm. They knocked you two cold. Me and Sam brought you two up here just in case they had any ideas of doing anything else with ya. They went & took Miss Kitty from the Long Branch. They got her over to the jail.”   
At the mention of her name both men stirred trying to get up on their feet. “Now hold on boys”, Hank stopped them. “There’s nothing you can do for her right now. There’s too many men for you to even think about it. Besides for right now she’s safe where she is.”  
“You said they”, Thad questioned, rubbing the back of his head. “Who’s they?”   
“Frank Tindle and his boys. Heard he’s setting up a trial for Miss Kitty.”  
“A trial?” Both men said at once.  
“Yep, old man Tindle’s got Percy Murcot working on it.”  
“Murcot? Isn’t he just a Justice of the Peace?” Thad asked.  
“Yeah he is, but with Judge Brooker out of town he’s all there is.”  
“I got me an idear that’s jest the way Tindle wants it.” Festus said. “Enough whiskey in him and he’ll rule however Tindle wants em too.”  
Hank nodded. “I think you’re right on that one Festus. And I think that’s why they’re in such a galdarned hurry to get this trial underway.”  
“When’s Matt coming back?” Thad asked.  
“This mornin’.” Festus answered as he shakily got to his feet. “And I’ll tell you what he ain’t gonna like this not one bit.”  
“Nah he sure ain’t,” Hank agreed, “ but I don’t think there’s much he’ll be able to do either. Tindle’s got every man that works for him here and a bunch that don’t. He ain’t gonna stand for nobody to get in his way.”  
“Well jest too bad.” Festus said stubbornly. “I ain’t a fixin to let no body hurt Miss Kitty.”  
“Festus,” Hank tried to stop him “wait for the Marshall.”  
Festus started to reply when they a horse riding up. Looking down they saw Matt dismounting his horse and bringing him in to the stable. Hank went back over to the ladder and started down, Thad and Festus right behind him. “Sure am glad to see you Marshall.” Hank said as he reached for Matt’s horse.   
“What’s wrong?” Matt asked. He had noticed a large number of men on the streets and felt a certain uneasiness when he had ridden in.  
“It’s Miss Kitty” Festus answered.   
“Kitty?”  
“Yes sir. They got her down to the jail locked up.”  
“What are you talking about? Who’s got her locked up for what? ”  
“Murder” Thad answered. “Frank Tindle and a bunch of men he hired. Claim she murdered Garth Tindle.”  
“Murdered Garth? Kitty?” Matt refused to believe that. He knew Garth had been bothering her. He, himself had told the man more than once to leave her be. But no matter how much Garth bothered her he couldn’t see her murdering the man. “Tell me what happened”, he demanded. “All of it”  
The three men filled Matt in on everything that had happened from the moment Garth first grabbed her in the saloon till the present. At hearing about the threats Kitty had made, Matt nodded. He knew her temper and he knew she wasn’t always very cautious with her words when she was angry.  
“Me and Thad weren’t going to arrest her Matthew. We know’d she wouldn’t go & do nothing like that. But Frank Tindle and his boys kinda took it outa our hands. They’re now a sayin’ they’re gonna try her and hang her. They cain’t do that can they?”  
“Legally no,” Matt answered. “But I have a feeling they don’t care much about legalities right now.”  
“What cha gonna do Matthew?” Festus asked.  
Matt didn’t reply for a moment as he figured out a plan. “Well first thing I’m going to do is go see Kitty. Hank? Will you take care of my horse for me?”  
“Sure Marshall”  
“Good feed and water him but leave him saddled. I’ll be riding back out in a while. Festus you and Thad go on over to the Long Branch and wait for me there. Have Sam brew up a big picture of tea and pour it into a whiskey bottle for me.”  
“What fer?”  
“I’ll explain later. Just go on.”  
Festus and Thad shrugged and started on over to the saloon as Matt headed in the direction of the jail.


	4. Chapter 4

**Summary for the Chapter:**

> Matt comes back and a plan is formulated.

The Trial of Kitty Russell – Part 3

Disclaimer: I don’t own these characters. I just like to spend time with them. No other profit will be had than that.

Thad came to with a jolt. Looking around he found he was in the loft of the stable. Festus was laying beside him. Thad reached over to him. “Festus? Festus?” Festus groaned as he came round and tried to rise into a sitting position.  
“Thad? What happened? Last I recollect…..”  
“You were ambushed”, a voice came from the ladder. Turning they saw Hank, the stableman climbing up to the ladder to them. “Bunch of men came into town last night like a storm. They knocked you two cold. Me and Sam brought you two up here just in case they had any ideas of doing anything else with ya. They went & took Miss Kitty from the Long Branch. They got her over to the jail.”   
At the mention of her name both men stirred trying to get up on their feet. “Now hold on boys”, Hank stopped them. “There’s nothing you can do for her right now. There’s too many men for you to even think about it. Besides for right now she’s safe where she is.”  
“You said they”, Thad questioned, rubbing the back of his head. “Who’s they?”   
“Frank Tindle and his boys. Heard he’s setting up a trial for Miss Kitty.”  
“A trial?” Both men said at once.  
“Yep, old man Tindle’s got Percy Murcot working on it.”  
“Murcot? Isn’t he just a Justice of the Peace?” Thad asked.  
“Yeah he is, but with Judge Brooker out of town he’s all there is.”  
“I got me an idear that’s jest the way Tindle wants it.” Festus said. “Enough whiskey in him and he’ll rule however Tindle wants em too.”  
Hank nodded. “I think you’re right on that one Festus. And I think that’s why they’re in such a galdarned hurry to get this trial underway.”  
“When’s Matt coming back?” Thad asked.  
“This mornin’.” Festus answered as he shakily got to his feet. “And I’ll tell you what he ain’t gonna like this not one bit.”  
“Nah he sure ain’t,” Hank agreed, “ but I don’t think there’s much he’ll be able to do either. Tindle’s got every man that works for him here and a bunch that don’t. He ain’t gonna stand for nobody to get in his way.”  
“Well jest too bad.” Festus said stubbornly. “I ain’t a fixin to let no body hurt Miss Kitty.”  
“Festus,” Hank tried to stop him “wait for the Marshall.”  
Festus started to reply when they a horse riding up. Looking down they saw Matt dismounting his horse and bringing him in to the stable. Hank went back over to the ladder and started down, Thad and Festus right behind him. “Sure am glad to see you Marshall.” Hank said as he reached for Matt’s horse.   
“What’s wrong?” Matt asked. He had noticed a large number of men on the streets and felt a certain uneasiness when he had ridden in.  
“It’s Miss Kitty” Festus answered.   
“Kitty?”  
“Yes sir. They got her down to the jail locked up.”  
“What are you talking about? Who’s got her locked up for what? ”  
“Murder” Thad answered. “Frank Tindle and a bunch of men he hired. Claim she murdered Garth Tindle.”  
“Murdered Garth? Kitty?” Matt refused to believe that. He knew Garth had been bothering her. He, himself had told the man more than once to leave her be. But no matter how much Garth bothered her he couldn’t see her murdering the man. “Tell me what happened”, he demanded. “All of it”  
The three men filled Matt in on everything that had happened from the moment Garth first grabbed her in the saloon till the present. At hearing about the threats Kitty had made, Matt nodded. He knew her temper and he knew she wasn’t always very cautious with her words when she was angry.  
“Me and Thad weren’t going to arrest her Matthew. We know’d she wouldn’t go & do nothing like that. But Frank Tindle and his boys kinda took it outa our hands. They’re now a sayin’ they’re gonna try her and hang her. They cain’t do that can they?”  
“Legally no,” Matt answered. “But I have a feeling they don’t care much about legalities right now.”  
“What cha gonna do Matthew?” Festus asked.  
Matt didn’t reply for a moment as he figured out a plan. “Well first thing I’m going to do is go see Kitty. Hank? Will you take care of my horse for me?”  
“Sure Marshall”  
“Good feed and water him but leave him saddled. I’ll be riding back out in a while. Festus you and Thad go on over to the Long Branch and wait for me there. Have Sam brew up a big picture of tea and pour it into a whiskey bottle for me.”  
“What fer?”  
“I’ll explain later. Just go on.”  
Festus and Thad shrugged and started on over to the saloon as Matt headed in the direction of the jail.


	5. Chapter 5

**Summary for the Chapter:**

> Matt and Doc visit Kitty.

The Trial of Kitty Russell – Part 4

Disclaimer: I don’t own these characters. I just like to spend time with them. No other profit will be had than that.  
Matt walked boldly down the street towards the jail all too conscious of the eyes following him as he walked. He ignored them. As he neared the jail a group of men surrounded him, guns raised.   
“Stop right there Marshall.” Billy Tindle stepped out. “You got no business here.”  
“I’ve got more business here than you do, Billy” Matt answered sternly. “That’s my office you’re blocking”  
“Not today it ain’t, maybe not tomorrow or the day after. Leastways till your whore is hung for what she did.”  
Matt lost it. He backhanded the boy and moved in for more before the other men grabbed him and pulled him off. With some effort Matt restrained himself from going after him again. It wouldn’t help Kitty any if he got him self killed trying to protect her reputation. Still he wasn’t going to leave without seeing her. Billy got back up on his feet and started towards Matt when Frank Tindle stepped out.   
“Billy that will be enough.” Frank warned.  
“But father, you saw what he did.”  
“Yes I saw and I heard.” He said coldly. “What do you want Marshall?”  
“I want to see Kitty. I want to talk to her.”  
Frank stared at Matt for a moment then nodded. “Alright, but you leave your gun here and you leave when I say.”  
“Frank…”Matt began to argue, but Tindle waved him off.   
“Like it or not Matt, I’m in charge for now and you abide by my rules.”  
Looking at the men around him Matt nodded. “Alright just let me see her.” Matt took his gun off and threw it on the ground. With guns following his every move he walked into the jail.

Matt was enraged all over again when he saw Kitty. Her clothes were disheveled and there was a bloody rag tied around her arm. Looking at her he could tell she was exhausted. “Let me in there Frank!” he demanded. Frank nodded towards one of the men and he grabbed the keys to cells letting Matt in with her. As soon as Matt stepped in Kitty went to him wrapping her arms around him. “Oh Matt” she sighed. Matt held her tightly to him for a moment before gently pushing her back so he could look her in the eyes. “You alright?”  
She nodded. “Yes I’m alright.” She was trying very hard not to burst into tears.  
“What happened to your arm?”  
“It’s nothing Matt. Just a crease.”  
“A crease? Kitty….”  
“It’s okay Matt, it doesn’t matter. What does matter is that you believe me. I didn’t do what they said Matt. I didn’t kill Garth.”  
“Matt pulled her back into his chest. “I know you didn’t Kitty. I know.” Matt kept his back to the men just beyond the doorway and bent his head slightly to place a kiss on her forehead. “Now I want you to listen to me.” Matt whispered. “I’m going to take care of this.”   
“How?”  
“I’ve got a few ideas. But I don’t want you to worry. Everythings going to work out, Okay?”  
Kitty nodded unable to hold back the tears any longer. Matt tugged her chin up and kissed her softly on the lips. Pushing her back from him he looked down at her. “I’m going to get Doc over here to look at your arm then I’m going to have to leave.”  
“Leave?!” He could see the fear in her eyes at the news of his leaving.   
“Now don’t worry. I won’t be gone long but I need to do this. I promise you though it’s going to be alright. I promise Kitty.”  
Kitty hugged him fiercely for a moment. Not wanting to let go of the only hope she had.  
“Time’s up”   
Matt hugged her a little tighter, kissed her again then turned and left. He turned at the door and looked at her one more time as though to memorize her features. “I’ll be back.” He told her. Kitty sat down on the cot and buried her head in her hands.

Once out of the jail, Matt picked his gun back up off the street where it had lain undisturbed then went straight to Doc’s office. Doc had heard about Kitty’s arrest and had even tried to go and see her but they wouldn’t let him in. He didn’t know about her arm. Pulling on his jacket and hat, Doc took his bag and followed Matt out of his office and back to the jail. They were going to let him see her this time. By agreement, Matt stayed outside while Doc went inside. Frank had left the jail shortly after Matt but had left instructions that Doc would be allowed in but only if he was alone.   
Doc’s heart nearly broke when he saw Kitty but he didn’t let her see it. Speaking softly he tried to encourage her, to assuage the fear she wore almost like a cloak. “Now Kitty, I don’t want you to worry about a thing. I’m going to get this arm taken care of and it’s all going to be fine.” Kitty, head down, didn’t reply. Doc took her arm & pulled off the makeshift bandage. The crease was deep and in bad need of cleaning and stitching. Reaching into his bag he pulled out a small bottle of laudanum for her to take.   
“What you got there?” Billy was standing at the door.  
“It’s laudanum.” Doc answered somewhat angrily. “I’m going to have to sew up this arm. She’s going to need it for the pain.”  
“Too bad.” The Billy said. “She ain’t gettin’ it.”  
Doc looked sharply at the man. “What?! I told you I’m going to have to sew up that arm.”  
“Go ahead and sew it then but she get’s nothing?”   
“You can’t do this………”, Doc started but Kitty placed her hand on his arm.  
“Doc it doesn’t matter. Just clean it and wrap it. I’ll be fine.”  
“No sir!” Doc said indignantly. “This needs to be stitched.”  
“Doc, please. I wouldn’t take that stuff even if he let me. Just wrap it up okay?”  
Billy chuckled and walked away.  
Doc wasn’t happy about it but he had no choice. After thoroughly cleaning the wound he carefully wrapped it up. Once finished Doc patted her on the shoulder. “It’s going to be okay, Kitty.” He told her.   
Kitty stared at him for a moment then nodded her head. She wanted very badly to believe that.  
“You thru?” Billy was back at the door.  
Doc glared at him. “Yes I’m thru….for now. But I’ll be back this afternoon to check on that arm again.”  
“Don’t know why the bother. She’s going to hang bad arm or not.”  
Doc bristled wanting to knock the young man on his rear but common sense stopped him. Nothing he could do right then would help her and if he made them mad enough they wouldn’t let him in to see her at all.  
“I said I’ll be back this afternoon to check on her.” Doc had a distinct edge to his tone and Billy heard it. He didn’t reply as he opened the cell door to let Doc out. As Doc left Billy looked back at Kitty with a hungry look she had seen before on his brother’s face. The look made her shiver.


	6. Chapter 6

**Summary for the Chapter:**

> This is actually chapters 6 & 7 - Kitty in Jail

The Trial of Kitty Russell – Part 6  
Disclaimer: I don’t own these characters. I just like to spend time with them. No other profit will be had than that.

Kitty sat on the narrow cot staring dejectedly at the floor. No one had visited her since Doc had left that morning. Her only companions since then had been the men guarding her who often paused at the door of the office to peer in at her. She refused to look at them as she knew what she would see if she did. Leering, hungry faces all wishing for a chance at the ‘Marshall’s woman’.  
Kitty found it kind of ironic that though Frank Tindle was her chief accuser, aside from his son, he was also her chief protector. She knew he believed her to be guilty of his son’s murder but she knew just enough about the man to know he wouldn’t let his men touch her until he could put her on the gallows.  
Sitting on her lonely cot, Kitty wondered about Matt. Where was he? What was he doing? When he had come to her that morning he hadn’t been able to tell her anything with so many men close by. He had said he would take care of things and she believed he would do everything in his power but she was no longer sure what was in his power. It didn’t appear to be much. Still, Matt had said he would take care of things and like a drowning victim clinging to a life raft, she held onto that. He was all she had.  
Standing, Kitty turned and looked up to the small barred window above her cot. From the angle of the sun she guessed it was probably a little after noon. They hadn’t fed her breakfast so she was fairly certain lunch would be out as well. ‘Oh well’, she thought, ‘not hungry anyway’. She was thirsty though. Her jailers hadn’t been too concerned with her comforts when it came to food and water and she didn’t believe that would change. Doc had said he would be back this afternoon, she remembered. Maybe he would get her some water. She certainly hoped so. She couldn’t remember being so thirsty.  
As she stood there she heard the connecting door to the office open and close. Expecting to see Doc, she was dismayed to see Billy Tindle standing there instead with the cell door keys in his hand. “What do you want?” she snapped at him refusing to show any fear. He didn’t answer but his face told her everything she needed to know. Raking his eyes up and down her body he opened the cell door and stepped inside. Kitty backed up as far as she could but she knew she had no escape from what was surely to happen. Even if she got past Billy the men in the other room would stop her. “Get out of here and leave me alone.” Kitty demanded in her best barroom voice. Billy paid her no heed. Reaching out he grabbed her & pulled her against him. Kitty fought but he was too strong for her. Pushing her up against the wall he held her there with his body as he pressed his lips against her mouth and began to pull at her clothes.  
“What in tarnation is going on here?” Doc sounded from the doorway. Billy jerked like he’d been shot. He turned to find a very angry Doctor glaring at him with his father right behind. “Billy!” Frank said “I believe Dr. Adams asked you a question.”  
“She came on to me.” Billy stated but the guilty look on his face belied his words.  
“If I give any man a come on,” Kitty seethed “it’s not going to be anything like you.” Billy backhanded her knocking her down onto the cot. “Billy!” Frank ordered. “Come out of there right now.” Billy glared at her, then Doc before ducking his head and leaving.  
Frank stared at the retreating back of his son for a moment before looking down at Kitty. “I’m sorry about that” he said and looking at him Kitty believed he actually was. Turning to Doc he said, “You have 15 minutes.” before he followed his son back into the office closing the door behind him.  
Kitty shakily pulled herself up into a sitting position on the cot as Doc entered and sat down beside her. “You okay?” he asked as he gently turned her face to look at her cheek. “Yeah, I’m alright Doc.” Kitty said as she took a ragged breath. Looking at her Doc could tell she was anything but okay. Setting aside his professional demeanor, Doc reached over and pulled Kitty into a comforting embrace, cradling her as he would a child. For in all points and purposes she was a child. His child or at least that was how he had come to think of her. Doc held her for a moment before pulling away to pick up his bag. “Let me check that arm now” he said.  
Doc removed the old bandage and examined the wound. He was dismayed to see that it was inflamed and somewhat puckered. It looked like infection could be trying to set in. Being careful not to let his concern show, Doc reached into his bag to pull out a small bottle of liquid and some cloth.  
Though he wore no discernable expression, Kitty knew him well enough to notice something was wrong. “It’s infected isn’t it Doc?” she asked. Doc didn’t answer but his silence did.  
“I’ve got to clean this out again.” He told her as he poured some of the liquid from the bottle onto the cloth. “This is going to sting a little.” Kitty nodded and turned her head as he began to work on her arm. Doc was wrong she realized. It didn’t sting it outright hurt. Once his torture was completed he re-wrapped her arm with a clean bandage. He then reached back into his bag & pulled out a small package of powders. “I’m going to get you some water then I want you to take this and get some rest.”  
Kitty shook her head no. “I’d be grateful for the water Doc, but not the powders.”  
“Now Kitty, you need to rest.”  
“No Doc.” She protested. “Once you leave I’ll be alone here. I might not be able to stop them but I’m sure not going to make it easy for them.”  
Doc watched her face for a moment and saw defiance as well as fear reflected in her features. Swiping his mustache he nodded and placed the packet back into his bag. Taking her back into his arms he hugged her tightly for a moment. “Kitty, now, I don’t want you to worry. Matt’s working on this and I can guarantee you he won’t quit till he gets you out of here.”  
“I know he won’t.” Kitty sighed as her head rested on Doc’s shoulder. “But the Tindle’s are determined to see me hang and I don’t know of anything Matt can do to stop them.” There she’d said it. For the first time, she had let the thought that Matt might not be able to save her, have a voice.  
“Hush” Doc said. “I don’t want you to even think that. I want you…….”  
Before he could continue though, the door opened and Frank Tindle looked in. “Time’s up” he intoned.  
Doc hugged Kitty a little tighter for a moment then released her. Swiping his mustache he rose, placed his hat on his head and reached down for his bag. “I’ll be back later Kitty.” Glaring at Tindle, Doc left the cell and went on into the office. Grabbing a cup from the table he poured some water into it and took it back into the cell area & handed it to Kitty with a wink. Returning to the office he started to walk out the door but stopped and turned around to look at Tindle. “You’re in the wrong here you know. That girl in there didn’t kill your son.”  
“Doctor there are quite a few witnesses who are waiting to testify as to how she threatened his life.”  
‘I’m sure there are but I’m also sure she didn’t mean it. There’s not a finer woman in this town….this state than Kitty Russell. She wouldn’t kill anyone and you know it.”  
“Do I?” Tindle arched an eyebrow at him. “Well I seem to remember hearing of a man named Leech who might disagree with you on that Doctor. That is if she hadn’t of already shot him.” Frank almost grinned at that.  
Doc could see that Tindle wasn’t going to listen to anything he said but he gave it one more try anyway. Tugging at his ear, Doc looked Tindle straight in the eye. “You have it your own way. But if you go thru with this I can promise you two things.”  
“Oh and what are they?”  
“First of all Matt Dillon will come after you. He won’t rest until you’re behind bars or dead.”  
Frank showed no expression at that. “And the second thing?”  
“You’ll show yourself to be worse than what you’re accusing her of being. You think on that for a while.” Doc swiped his mustache and went to the door and opened it. He paused at the threshold. “I’ll be back this evening to check on her again.” He said without turning around. “If I find your son in that cell again, Garth won’t be the only son you’ll have lost.” Doc left, slamming the door behind him.  
Frank stood staring at the door, his mind on what the doctor had said. He knew he was skirting the law with his actions, but he couldn’t let the murderer of his son go free. Could he? Or was he doing so already? Something tugged at him inside. Telling him he was wrong about this woman. He walked back into the cell area and stepped up next to the bars. Kitty still sat on the cot with her head down. “Did you kill my son?” Frank asked emotionless.  
Kitty looked up at him. “No I didn’t.” she stated simply.  
Frank stared hard at her for a moment, locking eyes with her. He then turned and left closing the door behind him once again. He had only stood there for a moment but Kitty could’ve almost sworn she saw belief in his eyes when she had denied killing Garth.

The Trial of Kitty Russell – Part 7  
I don’t own these characters I just like to spend time with them. No other profit to be had besides that.

Matt Rode like his life depended on it. It did. His life, his heart was in a jail cell in Dodge and he was determined to get her out of there. The plans he and his friends had come up with seemed simple enough but he knew all too well how things could go wrong. He was determined that wouldn’t happen. Spurring the big buckskin on, Matt rode hard, finally reaching his destination just after dark. Though pulled from his evening meal Federal Judge Moore was all too glad to help when Matt explained the circumstances.  
“You realize Matt that these documents are merely words on paper with out men and guns to back them up. If what you say is true the guns and men are on the other side”  
“Yes they are Judge, but if things work the way we have them planned that will change quickly. I just want to make sure that everything we do is legal. I’m not taking any chances of a loophole.”  
“Well those documents will certainly be legal.”  
“Judge I appreciate it” Matt said reaching out to shake hands as he stood to leave.  
“You’re more than welcome Matt. I’m sorry I couldn’t do more. But the Governor frowns on sending Federal troops in on a civil matter.”  
“I know that Judge and I don’t want them anyway. The last thing I need is a war on the streets of Dodge.”  
The Judge nodded as he and Matt walked towards the door. Shaking hands once again Matt climbed back onto Buck and rode off. Phase 1 of the plan taken care of.

As Matt was racing back across the prairie, Dodge was just settling down for the evening, if somewhat uneasily. Though the so-called ‘respectable’ people in Dodge were quite content to let Tindle have his way, the vast majority of citizens weren’t so happy about the day’s events. Kitty Russell was a much loved person in Dodge and had often contributed to the well being of the town and it’s citizens. That wasn’t being forgotten, however with no one knowing where the Marshall or his deputies were and so many of Tindle’s men around, they just didn’t know what, if anything, they could do about it. There were those in town who did know though and they were just waiting for the proper time to start Phase 2 of the plan.

Kitty sat on the narrow cot with her back against the wall her knees drawn up and her chin resting there. She hadn’t eaten since the day before but she knew that wasn’t the reason for the nausea she was currently experiencing. Her arm was aching and she was running a slight fever. She’d worked with Doc often enough to know infection had set in with a vengeance. Strangely enough though, she wasn’t concerned with it. Facing a hangman’s noose had that effect on a person’s perspective she supposed. The gallows made everything else pale in comparison. Though she clung to the promises Matt and Doc had made to her the realistic side of her told otherwise. Unless a miracle happened she was going to hang.  
The connecting door opened and Frank stepped up the bars and looked in at her. “I must apologize”, he told her, “I’ve just now discovered you have not been fed today. I’ve sent someone over to Delmonico’s for a tray.”  
Kitty didn’t respond. She was having trouble reading Frank Tindle and wasn’t sure if he was sincere or not.  
“I also wanted to let you know that your trial is set to begin tomorrow morning. I’ve made arrangements for Dale Trulow to represent you”  
Kitty looked up sharply at him. She wasn’t sure but it almost sounded like she heard a hint of remorse in his tone.  
Frank turned back to the door then stopped. “Dr Adams will be here shortly to tend to your arm.” Without looking back he walked back into the office.  
Kitty ran the information thru her mind. She had suspected the trial would be soon, that was no surprise. Dale Trulow was though, or at least somewhat. He had once been a fine lawyer but when his wife died so did he in a way. He had climbed deeply into a bottle and as far as she knew had never come out. “They’ve certainly stacked the cards against me” she thought. Then ‘Oh Matt, where are you?’.

Matt’s whereabouts was something Tindle would have liked to know as well. The buffoons he had assigned to follow him had failed miserably in keeping he & his friends in sight. Now no one knew their whereabouts. Although he didn’t see it as an obstacle to achieving his goal, he did wonder about the lawman. From all he knew the man was devoted to the woman in the cell. Why wasn’t he there to support her in this. Perhaps the lawman couldn’t face knowing he wasn’t going to be able to save her. Well, he thought, it doesn’t matter. The trial would go on as scheduled and the woman would hang. Though he still had a strange feeling about this he wasn’t going to stop this. Guilty or not the woman would hang. Someone had to pay for Garth’s death and he had her.

Doc came into the office. He glared at Tindle but said nothing. Taking the keys from the peg he walked into the cell block & let himself in to see Kitty. Taking note of the pallor of her skin and the light sheen of sweat on her brow he was instantly worried. Kitty sat with her good arm pressed tightly to her stomach and he could tell she hadn’t managed any rest what so ever. Doc sat his bag on the floor by the cot and himself on the cot beside her. Touching her forehead to gauge her temperature Doc tried very hard to maintain a professional demeanor. A weepy old man wouldn’t help her any at all. As always though Kitty could read him like a book. “What are you looking so gloomy about Curley?” she used his nickname hoping to lighten his mood. It didn’t.  
“How long has your temperature been up like this Kitty?” he asked.  
She shrugged. “I don’t know” she answered honestly. “Awhile. It doesn’t matter though.”  
“It does matter,” Doc declared sternly “it matters quite a bit.” It was a struggle to keep his emotions in check.  
Kitty looked at him with resignation in her eyes. “Thank ya, Doc. But it really doesn’t. They’re gonna try me in the morning and I have no doubt they’ll hang me.”  
Doc heard the sadness in her tone as well as acceptance. Gently cupping her chin he looked her straight in the eyes. “You listen to me young lady. No one, and I mean NO ONE, is going to hang you……that is………” he paused for significance “unless I do because you didn’t follow my orders.”  
Kitty gave him a half smile before looking down again.  
One of the guards walked in carrying a tray of food. “Mr. Tindle said to bring this to her.” He told Doc as he leered at Kitty. “Don’t know why though. Throwing good after bad you ask me.”  
“No body asked you!” Doc snarled at him. “Let me have that.” He grabbed the tray from the man and started to say something else but Kitty gently placed her hand on his arm. “Let it go.” She said softly. The man turned and walked out laughing. Doc bristled but Kitty kept her hand on his arm. “It doesn’t matter.”  
Doc glared at the man then turned his attention back to Kitty. “Here,” he said, “you need to eat.”  
Kitty waved him off. “No Doc, not right now. I don’t think I could. My stomach’s not too good right now.”  
Doc looked hard at her for a moment then nodded. “Alright,” he said “for now. But later on I want you to promise me you’ll try.”  
“Okay”  
“Alright then let me take a look at that arm.” Doc reached down and picked up his bag & pulled out the needed supplies then took the bandage off exposing a very infected wound. “I’m going to have to clean that out again.” She nodded.  
As he worked on her arm he could tell it was painful for her but she didn’t make a sound as he worked. Once finished he re-wrapped the arm. “Alright now then Kitty, I want you to lay down here and get some rest.” Kitty didn’t protest. Compliantly she lay down on the cot turning on to her side. Doc patted her arm, got up and went out into the office. He poured a cup of water for her and added a little of his sleeping powders to it. She needed rest. Walking back into the cell he extended the cup to her. “Here honey, I want you to drink this.”  
“What is it?” she asked suspiciously.  
“Water and some medicine to make you sleep.”  
“No need Doc.” She tried to wave him off. “Throwing good after bad I think the man said.” Her words stung him.  
“Now you listen here I want you to get this thru your head. You are not going to hang. I promise you.”  
Kitty didn’t have the strength to argue. She rose up slightly and drank the bitter water. Then she laid back down and closed her eyes.  
Doc reached over, kissed her on the forehead, picked up his bag and left.


	7. Chapter 7

**Summary for the Chapter:**

> Chapters 8 & 9 - The Tindle's and the trial.

The Trial of Kitty Russell – Part 8  
I don’t own these characters I just like to spend time with them. No other profit to be had besides that.

After Doc left the jail, Frank Tindle did as well. Walking down the street to his room at the Dodge House, he thought about what was to happen the next day. He had made a decision to have this woman tried and hanged for murder and he meant to do just that. Still that nagging little feeling kept at him. Something he couldn’t put his finger on told him this was wrong, HE was wrong. But he ignored that something. He had no one else to blame for his son’s death and he needed someone to blame. He needed someone to pay. Once inside his room he found that Billy was out. Probably in one of the saloons playing cards & getting drunk. Frank was not a stupid man when it came to his sons. He knew all too well the many ways he had failed in their raising but still he didn’t see them as others did. Where others in town had seen Garth as a rich bully who took what and who he wanted, when he wanted, Frank saw a young man who made things happen and achieved any goal he set in front of himself. Well, almost any goal. Garth hadn’t succeeded when it came to Kitty Russell. She had refused to give him the time of day. Frank of course knew about her and the Marshall, most of Dodge did, but still they weren’t married and there were no indications they ever would be. So why hadn’t she at least considered Garth as a suitor? Any other woman in town would’ve, that Kitty owned the saloon didn’t change things to his way thinking. She was still a saloon whore in his mind. At least Billy hadn’t shown the same poor taste in women that Garth had. Oh he knew Billy spent his fair share of time with many of the dance hall girls around town but he hadn’t been serious about any of them. Garth had been serious about Kitty Russell and she had rejected him. That was another reason Frank was determined to see her hang. She had rejected his son. Frank poured himself a drink from the decanter on the dresser, loosened his tie and sat down on the bed. Tomorrow was going to be tough day for several reasons. But he would see it through. He had to.  
Billy came in a few hours later, and as Frank suspected he had been drinking. He wasn’t drunk though. “Where have you been Billy?” Frank asked as though he didn’t know.  
Billy grinned. “Around. Got tired of hanging around that jail thought I’d have a little fun.”  
“That fun include this towns many saloons?”  
“What of it? Not much else to do at night around here. Of course I guess I could go back down to the jail and visit that redhead. Betcha she might even be willing tonight seeing as how she’s going to hang soon.”  
“You stay away from that woman! She is there to pay for her crime not your amusement.”  
Billy poured himself a drink and laughed. “Oh she’ll pay alright Father. She’ll pay. Still I’d like just a little time with her before she does.”  
Frank couldn’t believe it. Apparently the woman had bewitched both of his sons. “Billy what is it with you and your brother and that woman? Why her? There are any number of women in town that would be honored to have your attention.”  
Billy thought about that for a moment. “Not too many in town as pretty as she is.” He said almost to himself. “Not too many as smart either. But there’s something more. I can’t put a finger on it no more than Garth could’ve. There’s just something about her.” Billy shrugged and poured himself another drink. “Don’t matter though I guess. After tomorrow nothing will matter when it comes to her will it?”  
Frank didn’t answer. He found himself actually wanting to deny what he and Billy both knew to be the truth. They had not only stepped outside of the law to arrest and detain Kitty, but even now before the trial had started, they had virtually guaranteed a guilty verdict for her. That ‘something’ nagged at him again. Frank ignored it again.

The Trial of Kitty Russell – Part 9  
I don’t own these characters I just like to spend time with them. No other profit to be had besides that.

The next morning dawned cold and clear. The warm spell was over and winter was looking to take it’s place. As irons were placed on Kitty’s wrist and she was led out into the cold morning air, Matt was still racing back to town. He had just topped the crest of a small hill when his horse faltered and fell, tossing Matt to the ground. Getting up Matt ran over to Buck. He checked him over carefully and found nothing broken but the buckskin was pretty much played out. Matt looked around at the surrounding countryside to get a fix on where he was. Just at the base of the hill was a small grove of trees with a small creek running beside it. He recognized it. He was on Jake Worth’s place. ‘Perfect’, he thought. Matt started walking leading Buck behind him. Having to walk was going to delay him but he had no choice. Three and a half hours later Matt finally reached the ranch house. An hour after that he was back on the road to Dodge with a fresh mount, the promise of care for Buck and something more.

As Kitty was led into the courtroom she was careful to keep her eyes looking forward and her head held high. The people already in the courtroom as well as the people coming in were no friends of hers. She was determined not to show these people any weakness or fear. Her attorney was waiting on her at the defense table. He was awake but he wasn’t sober. Billy Tindle had visited him the night before and made sure his legal fees had been well paid in whiskey. He had also made a similar visit and a similar payment to the judge before returning to his hotel room. He looked pretty smug when he entered the courtroom, especially in comparison to his father who looked fairly grim indeed. Doc, Sam, Hank and several others arrived to show support for Kitty but were turned back by the guards at the door. “Sorry gentleman”, one of them said “courtrooms full.”  
“That’s ridiculous!” Doc fumed. “Stand out of my way.”  
The men surrounding the door refused to budge. Doc and Sam and the others stood there defiantly for a moment. Someone said something about forcing their way in but Doc knew that wouldn’t work. It wouldn’t help Kitty in the least.  
“Men let it go”, Doc ordered. “We can’t help her here any.”  
The men with him grumbled but did as Doc asked.

The trial went as expected. The prosecution presented several witnesses who told of hearing Kitty threaten Garth with a gun. He also brought out Kitty’s lack of an alibi at the time of the shooting and the fact that Kitty had a 45 caliber handgun in her hand the night she was arrested. The same kind of gun that Dr. Adams had said most likely killed Garth.  
Kitty’s defense was sparse. Her attorney did get the man who testified about the gun to admit that many men in town carried the same caliber of gun as had killed Garth. But outside of that he kept mostly quiet. He called no witnesses of his own and rarely objected to anything said. Even the most defamatory of statements barely registered a remark from him.  
About the time that Matt was leaving Jake’s place the trial was just about over. The prosecution gave a short but potent summation highlighting the ‘facts’ of the case and took great pains to emphasize Kitty’s ‘profession’.  
Trulow stood, belched and mumbled something about his client’s innocence then sat back down struggling just to stay awake.  
Kitty maintained her silence throughout the proceedings and never once looked at the people surrounding her. Keeping her eyes forward she showed no visible reaction to anything that had been said about her. It took all she had to do it but she would be damned if she would let anyone of them see her sweat.

The jury was sent out about noon to deliberate. Had it been an hour earlier or even an hour later they would’ve returned a verdict within a few minutes. But as it was dinner time they waited until after they had eaten to determine her guilty as charged.  
As the verdict was read and the sentence was handed down Kitty stood with her back straight and her head high.  
“Kitty Russell”, the judge intoned “you have been found guilty of the charge of murder. I therefore sentence you to hang by the neck until dead. Sentence to be carried out tomorrow morning at dawn.”  
Kitty stood perfectly still as the irons were once again placed on her wrists. She knew the verdict before it was rendered and yet just hearing it made it seem all the more frightening. Still she showed no visible reaction.  
Once back inside her cell she was asked if she wanted anything. She asked for Doc. Her request was granted and Doc was sent for.

While Doc was being summoned, Tindle’s men started to disappear around town, one by one. As each man disappeared another stood to take his place. Another who was most definitely not employed by Frank Tindle. The movements about town were slow and deliberate. Since the number of men and their location did not change, no one seemed to notice that the men themselves weren’t the same. No one save an onnery ol scudder who smiled in spite of himself when he saw a certain hillbilly standing guard down the street from the jail.


	8. Chapter 8

**Summary for the Chapter:**

> Chapters 10 & 11 & 12 - The night before and the day after.

The Trial of Kitty Russell – Part 10

I don’t own these characters, I just like to spend time with them. No other profit to be had than that.

 

Doc was furious once again when he got there. He was still fuming about being denied entry to the trial and her condition when he saw her didn’t make him any happier. Her face was ashen and her temperature was higher than before. Doc had it in mind to tell Frank Tindle just how he felt about all of this but he knew it didn’t matter then. She did. Taking up his bag Doc reached for her arm to tend it, but Kitty pulled her arm away and shook her head.   
“Doc”, she said softly, sadly “I didn’t ask for you for my arm. I need something else from you.”  
“What?” Doc questioned.  
“I need you to make me a promise”  
Doc looked at the serious expression on her face and wasn’t sure it would be a promise he wanted to make. “Promise you what?”   
Kitty took a deep breath before answering. “I need you to promise to take care of Matt & Sam & Festus & Thad. I won’t be able to do it anymore Doc. I left a will in my safe at the Long Branch. Will you take care of it for me? Take care of them?”  
The pain in her voice was tearing the physician apart. Though he was privy to Matt’s plans for rescue he hadn’t been able to tell her and he knew she genuinely believed she was going to die.   
“Kitty I’m not going to have to.” Doc lowered his voice as to not be overheard. “Matt is coming Kitty. He won’t let them hurt you. You have to believe that.”  
Kitty wanted more than anything to believe that but she just couldn’t. She could see no way for one man to combat the virtual army that Tindle had amassed. “He can’t help me now Doc.” She said certainly. “I’ve accepted that but I can’t accept any thing happening to those I love. You’ve got to promise me Doc….please…..please….” The intensity of her voice & gaze let Doc know just how serious she was. She wasn’t worried for herself as much as she was for the ones left behind. Doc looked away from her for a moment, swiped his mustache and then nodded. “Okay” he said. “I will.”  
Kitty visibly relaxed a little. Doc still had his head turned when she spoke again.  
“Doc…..take care of yourself too okay? I love you, ya know. You’ve been my friend, my father and” she chuckled a little “even occasionally my suitor. I want to thank ya Doc. You mean a lot to me. You and Matt are…..” her voice broke and the tears she had kept such a tight grip on began to flow. It was several minutes before she could speak again. “I’ve got one more favor Doc, if you don’t mind.”  
Doc just nodded. “I want you to tell Matt…..tell him I love him. I have from the moment I first saw him in the café. Tell him that Doc, then tell him to forget me.”  
Doc looked at her confused. “Forget you?!”  
Kitty nodded. “He can be happy Doc, if he does, and that’s all I want. That’s all I need Doc. I need him to be happy, the others too of course but especially Matt. Will you tell him Doc? Will you?” Doc nodded then pulled her into a fierce embrace. Oh how he wanted to fix this. But he couldn’t and the one who could hadn’t yet arrived.   
Doc sat and held her for a several minutes before he gently pushed her back & took her wounded arm in his. “No Doc” she started to protest, but Doc shook his head.   
“Kitty I need to look at that arm then I need you to rest.”   
Kitty looked at him for a moment. With a touch of sad amusement in her voice she said, “You need to quit worrying about me Doc. I have all I need now thanks to you.”  
Doc couldn’t look at her face. He kept a hold of her arm & began to remove the bandage. It was on the tip of his tongue to tell her everything until he looked up and saw one of the guards leaning against the connecting door looking in at them. Doc ignored him and continued his ministrations. The infection, though still present, didn’t appear to have worsened. In fact it looked to be a touch better. The swelling was less and the angry red streaks appeared to have retreated somewhat. After Doc had cleaned and re-dressed her arm he told Kitty to lay back on the cot and rest. She complied, too sick and tired to protest. Doc stepped out of the cell and went into the office. Pouring a cup of water he placed a small package of powder into it and stirred it up. Taking it back to Kitty he told her to drink it.   
Kitty looked at the cup suspiciously. “More of your medicine doc?”  
“No”, he lied “just some cold water. You’re still a little feverish.”  
She studied the cup for a second then rose a little and drank it’s contents. One taste and she knew Doc had lied but she finished the cup anyway. Maybe she could sleep through her hanging. Doc went back into the office and poured himself a cup of coffee then returned to the cell to sit beside Kitty. Frank had agreed to let Doc stay with her for the evening as long as he wanted. His men were instructed to leave Doc and the woman alone unless there was any attempt at escape. Before Frank had left the office he had looked in on her. Judging by what he saw then he knew there wasn’t much chance of that.

The Trial of Kitty Russell – Part 11

I don’t own these characters, I just like to spend time with them. No other profit to be had than that.

 

As Matt continued to race towards Dodge, Doc sat keeping vigil over Kitty. The powders had finally taken effect and she was sleeping. Dusk came and Doc was getting a little nervous. He was about to try something on his own when a small pebble came in through the window landing on the floor by the foot of the cot. It was a small stone but a big relief for Doc. Looking over at Kitty, he stood, stretched and shuffled out into the office. He glanced at the four men sitting at the small table playing cards. They gave him scant attention. Doc went over to the now empty coffee pot and began to make a fresh pot. Keeping his back to the men he emptied three small packets of powder into it before setting it back onto the fire to brew. Doc turned around to men at the table. I’m brewing this pot for myself and Miss Russell”, he stated “you all leave it alone.” He didn’t wait for a reply just turned and went back to Kitty’s side. The men looked amusedly at each other and shrugged. Once the coffee was done they each took a cup making sure to leave the pot empty again. Doc sat in the cell looking at a small pebble in his hand with a positive smirk on his face.

Half an hour passed and Doc got back up again and went back to the office. To a man, every one of the guards was fast asleep. Heads on the table and cards still in their hands. Doc went to the side door of the jail and opened it. Moments later Matt, Festus and Thad came in.   
“Took your time didn’t ya, Doc?” Matt asked a little grumpily.  
“Well I’m sorry about that Mr. Lawman but I have no control over how fast those powders work. Besides I’m not the only one who took their time around here.”   
Matt could tell he’d touched a nerve and was sorry for snapping at him. “Sorry Doc, I know I’m late and I’ll explain why later but right I’ve got more important things to do.”  
He went into the cell block to Kitty. “Kitty? Kitty?”   
Doc came up beside him. “She can’t hear you Matt. I gave her some sleeping powders. She’ll probably be out until tomorrow sometime.”  
Matt nodded. “That’s probably for the best. Well no time to waste.” Matt reached down and gently picked Kitty up and carried her out of the cell. Once he reached the side door he called Thad over. “Thad give me a hand here for a moment.”  
“Sure Marshall”, Thad said as he held the door for Matt and followed him out into the alley. Matt walked back down the alley to where two horses were tied. Reluctantly Matt handed Kitty to Thad as he quickly mounted his horse. Thad lifted her up to him and Matt took Kitty back into his arms. “Thanks Thad”, Matt smiled down at the young man. “Think you and Festus can take care of things around here?”   
“Don’t worry about that”, Thad answered. “Most of the work’s already done. You just take care of her.”  
Matt smiled down at his sleeping burden. “That I will Thad, that I will.”  
Doc came out just then with his bag in his hand. Though not as quickly or as eagerly as Matt he mounted the other horse. Thad stood for a moment and watched as they turned and rode out of town. Matt’s lady in his arms.

The Trial of Kitty Russell – Part 12  
I don’t own these characters, I just like to spend time with them. No other profit to be had than that.

Once Matt, Doc & Kitty arrived at their destination they were graciously ushered into the Worth’s home. “My goodness!” Mrs. Worth exclaimed when Matt carried Kitty in. “Is she alright?”   
“She will be.” Doc answered.  
“Good, well follow me I’ve got a room ready for her.”   
Mrs. Worth led the way as Matt, followed by Doc, carried her in to the room and carefully laid her on the bed while pulling her hair out to the side. Matt thought about that. Kitty had always been a fastidious woman who took pride in her appearance. Two days and nights in a jail cell had taken their toll on that appearance. But as he looked down at her Matt thought he’d never seen anyone more beautiful. Once Matt had her situated on the bed Doc sat down beside her, checking her pulse and temperature which was still high. Matt stood anxiously to the side his thumbs in his vest pockets. “Matt get me some cool water & a cloth.”  
Matt went to the picture and basin sitting on the dresser and saw Mrs. Worth had conscientiously made sure it was full. Matt poured some water into the basin and carried it and one of the towels laying beside it over to Doc. “How bad is it, Doc?”  
“No wound is ever good, Matt, especially when it’s infected. Her temperatures pretty high too. But now that she’s out of that drafty cell I think I can have her right as rain in no time.” Doc looked up at the very worried face of the lawman and felt a touch guilty that he was partially responsible for that worry. Doc knew he’d done all he was able to while she was in jail, but he still felt that it hadn’t been enough. “Matt,” he said as he wet the towel and wiped her forehead and chest with the cool water. “I did all I could for her while she was in there. I want you to know that. Tindle and his men weren’t too accommodating.”   
Matt knew Doc was not to blame for her condition. In truth he blamed himself for what had happened to her. “Doc, nobody’s blaming you. You want to know the truth I’m probably more at fault than anyone.”  
“You? Good heavens, where did you get that idea?”  
“Kitty told me about Garth, Doc. I talked to him but that was it. If I’d of done more than talk then maybe he would’ve left her alone and….”  
“Matt, you sound like you think she did kill him.”  
“No Doc that’s not what I meant at all. I know Kitty. She’s no murderer. But if I’d stopped Garth like I should’ve then no one would’ve been able to say she had a motive when he was killed. And of course if I’d been in town when he was shot I could’ve stopped them from taking the town and her. I failed her Doc, all the way around.”  
“Doc shook his head. “That’s a good theory Matt but it doesn’t track. Garth wanted Kitty and nothing you or anyone could’ve said or done was going to stop him outside of killing him. And if you had’ve been in town you might very well of been tossed in the cell instead of her, or at least right next to her.”  
“Maybe Doc, but I still feel like I let her down.”  
Doc looked down as his patient’s sleeping face. “Yeah…well…you’re not the only one. A lot of people feel that way. But I know this we can’t change what has happened, only what will happen.”  
Matt nodded. “Yeah you’re right there.”  
Doc re-wet the towel and wiped her brow again. “Speaking of what will happen……what happens now? When Thad sneaked up to my office last night he only told me what you wanted me to do. When I saw Festus down from the jail tonight I assumed you were taking the town back.”  
“Yeah we did.”  
“How? Where did you go to by the way? And why were you so late getting back?”  
“I rode to Lone Butte, Doc. There’s a federal judge there named Moore.”  
“Federal? Why a Federal Judge?”  
Frank Tindle moved into the office of a US Marshall preventing him from doing his duties. That makes it Federal issue instead of a local one. I got Judge Moore to sign arrest warrants for Frank Tindle, his son Billy and all of his men as well as anyone involved in her so-called trial. He also gave me a court order for a new trial for Kitty if it comes to that. I’m hoping it won’t”  
“Me too but that doesn’t tell me what took you so long in getting back. Lone Butte’s not that far away.”  
“Not on a fresh horse it isn’t. Buck played out on the way back & I found my way here. Took me a while longer than I thought but Jake not only loaned me a fresh horse but sent his cowboys with me as well. When we got back to town they replaced Tindle’s men one by one. Only thing I had to wait on after that was you and your powders.”  
Doc glanced up Matt with a small grin on his face. “Pretty smart for an overgrown civil servant.”  
Matt didn’t grin back at him. “Yeah well if I’d been real smart none of this would’ve happened in the first place. All I’ve been doing is trying to undo it.”  
Doc nodded as he placed the towel back in the basin and set it aside. Standing he pulled the coverlet up from the foot of the bed and covered her sleeping form. “Well it looks like you’ve done that alright.”  
“Well not completely.” Matt said as he sat in the chair by the bed. “I still have to figure out who did kill Garth. Festus and Thad should have the Tindles and everyone in jail by the time I get back so hopefully investigating this thing will be a little easier but still….”  
“Still what?” Matt didn’t answer. Doc stood at the end of the bed with his hands in his pockets and watched as Matt tenderly reached over tugging the cover a little higher and tucking it under her chin. “Still what?” he repeated.  
“Still……..well….it’s not going to be easy. Garth wasn’t adored by too many people but I don’t know too many who wanted to kill him either.”  
“You mean beside you and Kitty?” Doc joked. The grin on his face however disappeared when he saw the look Matt gave him.  
“Don’t you have something else you could do now Doc?”  
Doc tugged at his ear looked back down at Kitty and turned and left the room.  
Matt too looked down at Kitty. He didn’t know who killed Garth but he knew she didn’t and somehow he was going to prove it.

Kitty awoke the next morning feeling a little better, but completely confused. Looking to her left she saw sunlight streaming through the lace curtains at the window. Looking to her right she saw Matt sitting beside the bed in a chair watching her. Slowly it dawned on her. She was in a bed, not a cot, in a room not a jail cell and Matt was there. “Matt?”  
“Morning!” he smiled at her. “How are you feeling?”  
“I….I don’t know. Where am I? How’d I get here? Where is here?”  
Matt chuckled a little at her obvious confusion as he got up and sat down on the bed beside her. “I’ve got a lot of things to tell you Kitty. But right now the most important thing you need to know is that you’re safe.”  
Kitty rose and threw herself into Matt’s arms hugging him tightly. Matt held her close for several moments so happy to have her back.   
When she finally pulled away she looked up with tears in her eyes. “Oh Matt”, she said “I was so afraid. I thought……..I……what happened?”  
Matt gently wiped the tears from her cheek and kissed her. When their lips finally parted he pulled her back into his chest. “Kitty I promise you I’ll tell you everything but not until Doc’s had a chance to look at you and you’ve had some breakfast. Think you could eat?”  
Kitty thought about for a moment. “I don’t know” she answered honestly.  
“Well will you try?”   
She nodded then lifted her head and reached up to kiss him again.  
“Here now!” Doc hollered from the door. “What do you think you’re doing Mr. Marshall?” His voice was gruff but the twinkle in his eyes gave him away.  
“I’m kissing my girl”, Matt answered as Kitty chuckled. Matt grinned down at her. Under any other circumstances he would’ve been completely embarrassed to have anyone, even Doc, walk in on such an intimate moment with Kitty but he was so happy to have her alive and in his arms he didn’t care. Besides it wasn’t like Doc didn’t know about them.  
“Yeah………….well……..you can do that later.” Doc came into the room carrying a tray with a coffee pot and cups. Setting it down on a small table by the window he walked over to the bed. “Right now I need to examine my patient.”   
Matt pulled out of her arms and stood to let Doc sit beside her. As Doc examined Kitty, he went over and poured himself a cup of the coffee. It wasn’t as good as Kitty’s but it was a far sight better than Festus’. Matt watched as Doc removed the bandage from her arm and once again cleaned and redressed it.  
“Your arm’s some better Kitty, but as soon as that infection’s gone I still want to put a couple of stitches in it. Won’t do any good right now.”  
“How’s her temperature, Doc.”  
“Doc laid his hand on her forehead. “Not completely down but a far sight better than it was last night.” Doc looked directly at Kitty. “You’re going to have to take it easy for a few days young lady, but I’d say you’re going to be fine.”  
Kitty gave him a half way smile then looked over at Matt. “For how long?” She asked.  
Matt walked over with a cup of the coffee and handed it to Doc as he replaced him beside her on the bed. “What you mean?” he asked her.  
“I…ah….wasn’t hung this morning……so I assume you two somehow helped me escape. But how long before they come back after me?”  
Matt reached out and placed his hand on her arm, locking eyes with her. “No body’s going to come after you Kitty. You’re safe and you’re going to stay that way.”  
Kitty looked a little dubious at that. “How do you know? Frank Tindle wants me dead Matt. He went to an awful lot of trouble to see to that.”  
“I know but I did something Frank Tindle didn’t.”  
“What do you mean?”  
“I worked within the law instead of out of it.” Matt could see that Kitty still didn’t quite understand so he explained everything that happened and what the current circumstances were. When he spoke about how Buck faltered he saw the concern in her eyes. She was fond of the big buckskin. Matt reassured her that he would be fine and finished relating the events of the previous twenty four hours. As he finished his tale he noticed she still looked worried and afraid. “Kitty, honey, I’m sorry I wasn’t here before now and that you went thru what you did but you’re safe here.”  
“Where Matt” she asked. “I mean I know I’m at Jake’s ranch but why? If you have all them in jail why aren’t I home in the Long Branch.”  
Matt smiled softly down at her as he pushed a stray lock of hair out of her eyes and gently rubbed her cheek with his thumb. “It’s safer for you here for now. The Tindles being locked up isn’t enough. There’s still a murder conviction hanging over you until Judge Brooker gets back into town and vacates it. Besides out here the Worth’s will take care of you. You’ll be well looked after which means I can do what I need to without worrying about you.”  
Kitty saw the sense in what he was saying and sighed. “So now what happens?”  
“Well like I said you stay here. I’m going to go back to Dodge and get to the bottom of this thing. Once I do and you’re completely cleared then I promise you I will take you home personally.”  
Kitty loved the sound of that but she knew it wasn’t going to be that easy. Things were seldom easy for her. “What if you can’t….get to the bottom of it, Matt? I mean even I have to admit they had a pretty good case against me.”  
Matt shook his head. “Kitty no case built on a lie is a good case. Now I know you didn’t do this thing and I’m going to prove it.” Looking in her eyes he saw worry and fear warring with hope and love. Pulling her back into his chest he held tightly to him. “Kitty I promise you I WILL FIX THIS.”   
Kitty raised her head to look at him for a moment. “I love you Matt Dillon” she sighed, before reaching up and pulling his head down to hers and kissing him passionately and deeply.   
Doc chose that moment to come back in. “Now cut that out!” he sputtered. “Can’t you keep your hands off each other? Besides if I’m not mistaken I thought you had a job to do Marshall?” Doc tried to sound exasperated but Matt & Kitty knew him better.  
Matt looked regretfully down at Kitty as he pulled away and stood up. “Hate to admit it but he’s right. The sooner I get this thing straightened out the sooner I can get you home.”  
“I sure like the sound of that.” She said wistfully.  
Matt leaned down and gave her a quick kiss. “Me too” he said then looked over at Doc. “Doc you coming back with me?”  
“No, Matt, not right now at least. I’m going to stay here and make sure my patient takes her medicine and gets some food and rest. I’ll borrow a buggy from Jake and ride in later today.”   
“Alright then. Kitty I’ll be back.” Matt crossed the room picked up his hat from the dresser and headed for the door. Once there he paused before walking out and turned back to look at her. He said no more but his gaze told Kitty all she needed to know. She, Kitty Russell, was safe and loved. And as long as Matt Dillon drew a breath she would remain so.


	9. Chapter 9

**Summary for the Chapter:**

> Chapters 13 & 14 - confession and redemption

The Trial of Kitty Russell – Part 13  
I don’t own these characters, I just like to spend time with them. No other profit to be had than that.

 

On the cold ride back to Dodge Matt’s mind worked overtime on who could’ve killed Garth Tindle. Not too many that he knew of actually liked the man but not too many had a reason to see him dead either. Most people just tried to avoid him. If it hadn’t been for his father’s money he would’ve been the loneliest man in town. Money bought him ‘friends’ but it didn’t buy him respect. And it certainly couldn’t buy him the affections of Kitty Russell. She hadn’t liked him since the first moment she’d met him. Matt remembered her telling him about the first time Garth had come into the Long Branch. “He gave me the jeebies.” She had told him. Matt had a feeling Garth gave a lot of people the jeebies. Question was which one of those people killed him. As much as he hated to admit it, Kitty was right. The case against her, though circumstantial, was never the less a good one. But he knew Kitty. He knew she would never murder anyone. Kill someone in self defense or in defense of someone else, yes. Murder, no. But that brought him back to the problem of who did do it? Matt went over in his mind everything he knew about Garth which wasn’t a great deal. Even so nothing he could think of led to murder until, just outside of Dodge he remembered a piece of gossip he had heard just last week. Running it over in his mind it made more & more sense. He still had no proof but he knew Kitty wasn’t the only one in town who could play a bluff hand.

 

When Matt got back to town he wasted no time in getting to the jail. Thad was sitting behind the desk with a cup of coffee in front of him when Matt walked in. “Thad.” Matt greeted him as he took off his hat & coat. “Everything go as planned?”  
“Sure did Marshall. No one was real happy about it when me & Festus arrested them but they didn’t give us too much of a fight. Billy Tindle and that friend of his, Judd, acted like they would but old man Tindle stopped them before it got out of hand.”  
“Good.” Matt said as he poured himself a cup of the coffee. Thad got up and let Matt take the chair behind the desk. Matt sat down and looked thru the papers on the corner of the desk. “What about the rest of the town?”  
“Real peaceful. The town seems pretty pleased things are getting back to normal.”  
“All of the town?” Matt looked up sharply at him.  
“Well….at least those not associated with Tindle or the trial.” Thad grinned. “ I haven’t seen too many of those good people around this morning.”  
“I’m glad to hear that.” Matt said. “I’m not sure I could trust myself around those ‘respectable’ citizens just yet. Where’s Festus?”  
“He’s down at the stable. Jail wasn’t big enough to hold everyone so Festus and some of Mr. Worth’s men took them to the corral down there. He should be back once he gets everything secure.”   
Matt nodded. “Good maybe a little cold air and horse dung will make em’ think about taking the law into their own hands.” Matt looked towards the door connecting to the cells. “Tindle in there?”  
“Yeah, him and his son and the judge and the prosecutor.”  
“How about Judd Fanning?”  
“No. He’s down at the stable with the rest of them.”  
“Do me a favor then Thad. Go down & get him and bring him back up here.”  
“Alright.” Thad grabbed his hat and coat and headed out the door. He wanted to ask Matt why but he knew the Marshall never did anything without good reason.  
Matt leaned back in his chair and took another sip of his coffee. He hoped what he had in mind would work. He was pretty sure his conclusions were right but he needed a confession. Hopefully he would get just that today.

 

It didn’t take too long and Thad returned with Festus dragging Judd Fanning in with them. “Here he be, Matthew” Festus said. “What cha want him fer?”  
“Murder” Matt replied.  
Festus and Thad looked at each other then the man standing between them. Judd turned very pale at that and tried to back away towards the door.  
“Oh no you don’t”, Matt said. In two strides he was up and around the desk & had Judd’s arm in a tight grip. Forcefully he compelled the man towards the cell area.  
Opening the connecting the doors Matt grabbed the cell keys and took Fanning in.  
Frank & Billy were in one cell and the Judge and the prosecutor were in another. Matt saw defiance on the Tindle’s faces, resignation on the prosecutor and the Judge was asleep.   
He opened the cell the Tindles were in and pushed Judd in with them. “You’re friend here was getting cold.” Matt said. Judd looked like a rabbit in a snare but didn’t say a word. Frank Tindle came up to the cell door, anger evident on his face. “I want you to know I don’t appreciate this Marshall. If it’s the last thing I do………”  
“That’s just what it’ll be…..” Matt snarled at him “the last thing you do unless you shut up.”  
“I will not. This is an illegal arrest.”  
“You know a lot about legalities do you?” Matt looked at him intensely and Frank backed down a little.  
“I agree that I may have overstepped my authority a little but…….”  
“Your authority!?” Matt was so angry he was glad there were bars between he and his prisoner. “You have no authority here Tindle. Let me tell you something Mister, if you’d have succeeded in hanging her I wouldn’t have stopped until you followed her into the grave.”  
Frank looked up at Matt. He could tell the man was sincere in what he said and he knew he was right. Dropping his head he turned away before speaking. “So what are you going to do with us now?”  
“That’ll be up to Judge Brooker when he gets back. Till then you and Billy and the rest will stay locked up.”  
Billy, who had been noticeably quiet, spoke up. “You can’t do this? We got a business to run and things to do.”  
“You were sure willing to let your business and things slide while you hung an innocent woman.” Matt pointed out. Billy didn’t reply to that. Matt stared hard at the boy for a moment. “Of course that wasn’t the only thing you were willing to do was it?” For just a second Matt saw surprise and guilt flash across his face and Matt knew he was on the right track. ‘Uh huh’ Matt thought.  
Frank caught the interaction between two. “What are you talking about Marshall?”   
“Ask your son.” Matt said pointing at Billy. I have a feeling he & Judd here know all about it.”  
Frank looked over at Billy who refused to look in his direction. Fanning had sat down in the corner of the cell and was making an enormous effort to make himself as small as possible.   
Billy felt his father’s eyes on him. Turning he glared at Matt. “I don’t what you mean Marshall. Know all about what?”  
“Oh I think you know Billy.” Matt answered. “You know I did an awful lot of thinking about all this and I got to thinking about why someone would want your brother dead.” Matt looked over at Frank. “Regardless of your feelings for him Frank, Garth wasn’t the most loved person in town. Still, not too many people would profit from his death. That is unless Garth had something they wanted. Huh Billy?”  
Billy didn’t answer. Frank noticed his discomfort. “What does he mean Billy?’ Billy continued to glare at Matt but still didn’t answer. “Billy?” Frank’s voice became a little more strident. That ‘something’ was nagging at him again and this time he wasn’t able to ignore it. Frank got a little closer to his son. “Billy answer me!” Billy didn’t.  
“Frank, you answer me a question if you will.” Matt drew the man’s attention. “You were going to give Garth a big hand in running your business weren’t you?”  
Frank looked a little confused. “Yes. Why?”  
Matt nodded. “And…uh….now that he’s dead, who takes his place?”  
Why Billy of course.” Frank answered before the impact of the question hit him. Suddenly his eyes widened and he looked again at his son than back at the Marshall. “Now wait a minute….you can’t….you don’t think…….now you know Billy.”  
“Yes I know Billy. I also know about Billy. I know all about the large gambling debts he has all over town and a certain saloon girl over at the Lady Gay.”  
Frank turned slowly staring hard at his youngest son.  
Matt had them and he knew it. “I have a feeling I won’t have too much trouble building a good case against Billy and Judd here. Stronger than the one you thought you had against Kitty. Only difference is the one I build will be legal. “  
Billy whirled around towards the bars, finally finding his voice. “A few debts don’t prove nothing. And as far as that gal over to the saloon….well she’s just like your whore Dillon. Sleeps around. Could be any one’s kid.”  
Matt wanted very badly to shake the young man till nothing was left of him but he kept a tight control. He needed a confession. “Well maybe debt’s don’t prove anything, and maybe that baby’s not yours but…uh….but there are other things…people…. that might prove it. Huh Judd?”   
Judd looked up when he heard his name and turned white as a sheet as he looked at Billy. Billy turned beet red. “You told him, didn’t you? You told him!”  
“No…no I didn’t Billy! Honest..I didn’t say nothing. I’ve been with you most of the time you know that.”  
Billy walked over to the corner where Judd was sitting. “Not the whole time Judd.” He reached for Judd’s throat when a hand clamped down on his shoulder. Frank’s hand.  
“You killed your brother didn’t you?’  
“N…no…..honest….I….I..” Billy had never seen such fury in his father’s eyes before.  
“Don’t lie to me Billy.” Frank took on a hard edge to his tone and Billy knew lying was useless.   
“Alright!” he yelled. “Yes I killed him. You were gonna give him everything. The business, the money…everything, and me nothing. I’m your son too you know. I deserve a piece of what you have. I deserve…”  
“You deserve?” Frank was livid. “You deserve? You killed your own brother and you were going to let me hang an innocent woman and you deserve? What you deserve is to die like your brother.”  
Matt had all he needed. He wasn’t going to let Frank prevent justice from being carried out. Billy would pay but not at his father’s hands. Quickly opening the cell doors he reached in grabbed Billy by the arm, out of Frank’s grasp & into the cell with the prosecutor and the Judge. The judge had slept thru the whole thing. The prosecutor wished he had and didn’t look too pleased to have Billy placed in the cell with him. Matt went back to the cell and pulled Judd Fanning back out. “Festus” he called into the office. Festus appeared at the doorway. “Take him back to the stable.”  
“Sure will Matthew.” Festus took a hold of the man’s arm & pulled him out of the jail.  
Matt looked back into the cell at Frank Tindle. He saw the devastation in his eyes and almost felt sorry for him. Almost.

The Trial of Kitty Russell – Part 14  
I don’t own these characters; I just like to spend time with them. No other profit to be had than that.

 

“Say now! What’s this all about?” Doc stood over the table Kitty was sitting at looking at the mostly untouched food tray. “You know you’re going to have to do better than this young lady.”   
Kitty looked up at him worry clearly etched into her features. “I’m sorry Doc; I guess I’m just not very hungry.”   
Doc looked down at her. Mrs. Worth had helped Kitty to bathe and had provided clean clothing for her but that didn’t cover the fatigue and fear she still wore. He knew she was still weak from the infection in her arm but that was beginning to clear up nicely. He also knew the past few days had made quite an impact on her but still there seemed to be something more. “Kitty, there’s something more isn’t there. What is it?”   
Kitty looked up at him, misery clearly evident in her features. But she remained quiet. “Kitty what is it?”  
Kitty pushed the tray away from her & stood to look out of the window. Doc came up beside her and wrapped his left arm around her pulling her into his shoulder.   
“Hey now……hold on there”, Matt sounded behind them. “What are you trying to do Doc? Steal my girl?”  
“Matt!!” Kitty pulled from Doc’s embrace & ran to Matt throwing herself into his arms. “That’s better.” Matt chuckled as he bent his head to kiss her.   
Doc was glad he was back. Matt was a balm that Kitty sorely needed right then. “Well I tried to steal her Matt.” Doc was trying to lighten the mood. “But galdarnit she won’t have me.” Doc was relieved when he heard a slight giggle coming from Kitty.  
“Good” Matt said as he hugged her. Kitty held tightly to him for a moment then pushed back a little to look at him. “What happened in town?” she asked. “Is it over?”  
“It’s over Kitty.” He smiled at her. “I’ll have to see Judge Brooker in the morning, when he gets back, but you’re cleared.”  
Kitty took a deep breath of relief. “Who did it?” She wasn’t sure she wanted to know but she knew she needed to.   
“Billy Tindle.”  
“Billy!?” She sure didn’t see that one coming.  
Matt nodded. “Yeah, seems Garth was going to get the business and Billy wasn’t. Only trouble was that Billy had amassed a lot of debts around town as well as a certain obligation that he didn’t have the money to cover. So he had made some arrangements to sell part of the business with out his Father’s knowledge in order to pay for it. Garth taking over would’ve messed that plan up for good. He and his buddy Judd Fanning killed Garth and framed you.   
Kitty looked down at the floor not sure what to think.   
“You have proof of this Matt?” Doc asked.  
“I’ve got better than that. I’ve got a confession from both of them.”  
Doc nodded. He was glad of that. It would make it easier on Kitty.  
Matt looked down at Kitty. “This means you can go home now Kitty.”  
Kitty didn’t answer. The tears were threatening again and Matt could sense something more was bothering her. “What’s wrong Kitty?”  
Kitty pulled away from him and stepped back over to the window. She knew she’d never be able to hide anything from Matt. “I’ve just been thinking.” She said.  
“Thinking about what?” he asked. She didn’t answer.  
“Thinking about what Kitty?” he softly repeated.  
“I was thinking about the trial Matt. The Tindles. The whole town really.”  
“What do you mean?” He looked over at Doc who swiped his mustache and headed for the door.  
“I’m gonna see about some coffee” he said as he left the two alone to talk.  
Kitty struggled very hard to keep the tears at bay as she tried to deal with what she was feeling. “Matt….they were going to hang me. I guess…….well….I guess I can… I can understand the Tindles somewhat. They were hurting and they needed to….well..strike out at someone. I just happened to be available. But Matt the rest of the town….I can’t understand them.”  
Matt kept quiet. Kitty needed to talk about this.  
“Matt, I never did anything to those people and yet they were going to kill me. They WANTED me dead.” Kitty appeared to be looking out at the yard beyond the window but Matt knew she was seeing the inside of that courtroom as a group of angry faces had condemned her to die. “I’m not so sure any longer that I want to go back there.”  
Matt reached over and took her back into his arms. “Kitty you’re wrong. The town didn’t want you dead. You’re loved there. The town had nothing to do with this travesty. The ones that did this were employees of Tindle.”  
“I saw Mr Carpenter there Matt, and Mrs. Roark…and….they weren’t employees of Tindle.”  
Matt could feel her tremble as she remembered the people there and hugged her tighter. “No Kitty, they weren’t employees but they were influenced by his money. Besides they are a minority in that town and you know it. Kitty the ones that count, the ones that love you weren’t allowed to be at your trial. If they had’ve you couldn’t have been convicted even if you’d been guilty.”  
Kitty didn’t respond. She needed very badly to believe that but still…..  
Matt cupped her chin and raised her head to look at him. “Honey, I have never known a finer better person than you are. Neither has anyone else in that town. You know in a lot of ways I think you’re too good.”  
Kitty looked at him strangely. “Too good? For what?”  
“For Dodge………the Long Branch……………..me.”  
“Oh Matt” The tears she had managed to keep at bay threatened again and she let them come. Burying her head in his chest she could do nothing but cry.  
“Kitty”, Matt said softly. “I want you to know how proud I am of you. You’re the most amazing person I know and I love you.”   
The crying stopped as Kitty looked up into his eyes to see the truth there. Smiling she reached up and kissed him, putting all she had into it. When they finally came up for breath she sighed. “Take me home cowboy.” She said.

 

It took a while but things finally returned to normal for Kitty. Her business picked right back up and that along with the support and love from her friends helped her to heal from her ordeal. Kitty tried hard to forget but one night the memories came flooding back to her. She had gone across the street to the mercantile for something and had run smack into Mrs. Roark. The woman hadn’t said anything but the look she gave Kitty spoke volumes. Kitty forgot her purchase and went back to the Long Branch and up to her room. Sitting on the settee she stared into the fire thinking about the events of those few days. In a way she realized she had gone through more than one trial. The one that almost took her life and the one that almost took her self esteem. In her own way she had forgiven Frank Tindle for the first trial. She knew how much he had loved his son and now with Billy about to hang, she actually felt sorry for him. The second trial was going to take longer to get over. She knew what Matt had told her was true, about those that counted in Dodge, but it was still hard when she came face to face with people like Mrs. Roark. She knew people like that would never accept her. They would always look down their nose at her. But she also knew she would have to overcome that time and time again. In a way her second trial would be an ongoing one. One she would have to attend every day. But as long as she had Matt, and Doc and the rest of those that loved her she knew she would always be found not guilty.

The End.


End file.
